## VAWA self-petition for South Dakota immigrants **VAWA (Violence Against Women Act)** lets abused immigrants file for immigration status WITHOUT the abuser's knowledge, cooperation, or signature. Despite the name, VAWA applies to all genders. ## Who qualifies **1. Abused spouses of U.S. citizens or lawful permanent residents:** - Married to abuser (now or within last 2 years) - Subjected to battery or extreme cruelty - Married in good faith (not for immigration) - Resided with abuser - Person of good moral character **2. Abused children of U.S. citizens or LPRs** (under 21, or under 25 with delayed filing). **3. Abused parents of adult (21+) U.S. citizens.** ## What "battery or extreme cruelty" includes VAWA has a broad definition: - Physical violence - Sexual abuse / forced sex acts - Threats of physical violence - Psychological / emotional abuse - Forced isolation - Economic abuse / financial control - Forced sex work / labor - Threatening immigration status to control - Threatening to take children - Verbal abuse / humiliation that causes fear Single severe incident OR pattern of less-severe incidents both qualify. ## Critical advantage: confidentiality VAWA self-petitions are **confidential**: - Abuser is NOT notified - USCIS cannot use information from abuser's source against petitioner - Address kept confidential - 8 U.S.C. § 1367 confidentiality protections This is a fundamental difference from traditional family-based petitions where the U.S. citizen / LPR sponsors the immigrant and controls the process. ## What VAWA provides - **Approved I-360 self-petition** = immediate path - **Deferred action** for many self-petitioners while awaiting visa availability - **Work authorization (EAD)** based on deferred action or pending I-360 - **Path to green card** — eligible for adjustment of status if visa available - **Public benefits** — VAWA self-petitioners qualify for many federal benefits - **Children covered** as derivative beneficiaries ## VAWA cancellation of removal Separate from self-petition: VAWA also provides **cancellation of removal** for immigrants in deportation proceedings who can show: - Battered or subjected to extreme cruelty by U.S. citizen / LPR spouse, parent, or child - Continuous physical presence in U.S. for 3 years - Good moral character - Not inadmissible / deportable on certain grounds - Removal would cause extreme hardship ## VAWA suspension of deportation Older provision still applies to some pre-1997 cases. ## Process 1. **Document abuse** — police reports, medical records, photos, witness statements, journal entries, threatening texts / emails 2. **Document marriage** (for spouse cases) — wedding photos, joint accounts, lease, tax returns 3. **Document abuser's status** — copy of green card / passport / naturalization certificate (without abuser's knowledge if possible) 4. **File Form I-360 self-petition** with USCIS Vermont Service Center (handles all VAWA cases) 5. **Receive prima facie determination** — interim recognition while case is processed 6. **Get deferred action + work authorization** when prima facie established 7. **Final approval / denial** 8. **Adjust status to LPR** if eligible (concurrently or after I-360 approval) ## Evidence — what helps **Abuse evidence:** - Police reports (any reports of any violence) - Medical records / photos of injuries - Court orders (protective orders, divorce papers mentioning abuse) - Therapy / counseling records - Witness statements (friends, family, neighbors, coworkers) - Photos / texts / emails / voicemails of threatening behavior - Journal entries with dates - 911 call records - Domestic-violence shelter records **Marriage evidence (spouse cases):** - Marriage certificate - Wedding photos - Joint lease / utilities / bank accounts - Joint tax returns - Birth certificates of joint children - Photos as couple over time **Good moral character:** - Letters from clergy, employers, friends - Tax returns (filed even when not required) - Volunteer work documentation - Police clearance - Education records ## What if you don't have all the evidence VAWA explicitly recognizes that abused immigrants often LACK access to traditional documents. Sworn declarations from the petitioner + supporting affidavits from anyone with knowledge can substitute. USCIS officers receive specialized training on VAWA cases. ## Common challenges - **Fear of abuser finding out** — VAWA's confidentiality protections address this - **Fear of deportation if reported** — VAWA-eligible petitioners get protection from removal - **Loss of housing / financial support** — many state DV shelters and federal programs help VAWA filers - **Children with abuser** — derivative status; planning needed - **Limited English** — many DV organizations have multilingual advocates - **Cultural / religious pressures** — confidential process protects ## Resources - **National Domestic Violence Hotline:** 1-800-799-7233 - **Immigration legal aid** — Catholic Charities, Tahirih Justice Center, ASISTA, local immigration clinics — many work pro bono on VAWA cases - **Local DV shelters** — many have immigration-specific advocates - **State DV coalitions** — every state has one; they can refer ## What you should do If you're an abused immigrant in South Dakota: you're not alone, and there's a legal path that doesn't require your abuser's cooperation. Contact a non-profit immigration legal-aid organization (most provide FREE help with VAWA cases). If you can afford private counsel, find an immigration attorney with VAWA experience. Document the abuse safely (consider trusted friend / family / shelter for evidence storage). Most South Dakota VAWA attorneys offer free initial consultations. --- *This guide is general information about U.S. federal immigration law as of early 2026 and is not legal advice. VAWA cases are complex and time-sensitive. Talk to a licensed immigration attorney or qualified non-profit about your specific case.*